MI: Pants seized incident to arrest can be forensically tested without a SW

Defendant’s pants were seized incident to his arrest for murder because there was apparent blood on them. They were subject to being forensically tested without a separate warrant. Any reasonable expectation of privacy was lost with the seizure. People v. Serges, 2024 Mich. App. LEXIS 2616 (Apr. 4, 2024).

The question is whether the package was delivered before the warrant was served. “Mr. Calligan hasn’t [shown deficient performance] here. Conclusory assertions that the officers’ testimony about being aware a package was to be delivered to the home means they must have believed they were executing an anticipatory warrant isn’t enough. Nor would it change the calculus of probable cause. [¶] Trial counsel’s performance regarding the motion to suppress was reasonable.” Calligan v. United States, 2024 U.S. Dist. LEXIS 62089 (N.D. Ind. Apr. 3, 2024).*

The homeowner here, already known to the police, could consent to entry by the police to talk to an occupant. That supported a plain view. State v. Fitch, 2024-Ohio-1295 (2d Dist. Apr. 5, 2024).*

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